KRS 218A.1413: Trafficking in controlled substance in second degree -- Penalties.

(1) A person is guilty of trafficking in a controlled substance in the second degree

when:

(a) He or she knowingly and unlawfully traffics in:

1. Ten (10) or more dosage units of a controlled substance classified in

Schedules I and II that is not a narcotic dr ug; or specified in KRS

218A.1412, and which is not a synthetic drug, salvia, or marijuana; or

2. Twenty (20) or more dosage units of a controlled substance classified in

Schedule III;

(b) He or she knowingly and unlawfully prescribes, distributes, supplie s, or sells

an anabolic steroid for:

1. Enhancing human performance in an exercise, sport, or game; or

2. Hormonal manipulation intended to increase muscle mass, strength, or

weight in the human species without a medical necessity; or

(c) He or she knowing ly and unlawfully traffics in any quantity of a controlled

substance specified in paragraph (a) of this subsection in an amount less than

the amounts specified in that paragraph.

(2) (a) Except as provided in paragraph (b) of this subsection, any person wh o

violates the provisions of subsection (1) of this section shall be guilty of a

Class D felony for the first offense and a Class C felony for a second or

subsequent offense.

(b) Any person who violates the provisions of subsection (1)(c) of this section

shall be guilty of:

1. A Class D felony for the first offense, except that KRS Chapter 532 to

the contrary notwithstanding, the maximum sentence to be imposed

shall be no greater than three (3) years; and

2. A Class D felony for a second offense or subsequent offense.